Appeal — Privy Council order giving costs — Motion to make judgment order of Supreme Court — Notice to respondent — Taxation of costs.

Appeal — Plaint for trespass — Priority of claim — Issues settled.

Appeal — Privy Council — Application to make order of Privy Council an order of Supreme Court — Taxation of costs.

Appeal — Privy Council — Lapse of appeal — Interest on judgment.

Appeal — County Court — Alteration of appeal case by judge — Appeal before moving for nonsuit pursuant to leave reserved.

Appeal — County Court — Nonsuit in deference to opinion of judge.

Appeal — Mortgage of mining lease — Forfeiture for non-payment of rent — Mortgagee in possession — Appeal to Privy Council — Statement of appealable amount — Interlocutory order.

Appeal — Order transferring proceedings — Subsequent order directing no action to be taken thereon — Costs — Insolvency Statute 1871, sec. 10.

Appeal — Order refusing certificate — Dispensation with dividend of 7s. — Keeping reasonable accounts — Suspension of certificate.

Appeal — County Court — Alteration of decision before it is recorded.

Appeal — County Court — Time for transmission — County Court Rules — Order V., r. 4.

Appeal — County Court — Question of fact — Negligent driving. — Evidence. — Statement of servant.

Appeal — To Privy Council — Application for leave to appeal — "Motion or petition" — Whether notice of motion necessary — Appealable amount a condition precedent — Questions reserved by judge for Full Court — Decision thereon — Subsequent declaratory Act to contrary effect — Appeal from entry of judgment by judge — Res judicata.

Appeal — From County Court — Administration of Justice Act 1885, s. 8 — County Court Statute 1869, s. 120 — Appeal on question of fact — Appeal under s. 8 — Materials necessary — Points of law raised at the trial.

Appeal — From justices — Act No. 565, ss. 25 and 26 — Notice of appeal — Verbal and written notices.

Appeal — County court — Nonsuit — Agent — Right to commission.

Appeal — Privy Council — Security for costs of appeal — Lapse of Order giving leave to appeal on expiration of three months without security being perfected — Order in Council of 9th June, 1860.

Appeal — County Court — Administration of Justice Act 1885, s. 8 — Practice — Notice to produce — Reasonable notice — Interference with discretion of judge — Form of order for rehearing.

Appeal — To Privy Council — Orders in Council — Matters at issue, question of costs only — Vendor and purchaser — Whether unpaid vendor of land is in the position of mortgagee as to costs, in a suit by purchaser for accounts.

Appeal — Security for costs — Motion — Full Court — Jurisdiction — "The Judicature Act 1883" (No. 761), s. 69 — Order LVIII., r. 15 — Consideration of circumstances of case — Primary judge a member of Full Court.

Appeal — High Court — Appellate jurisdiction — Court of Petty Sessions invested with Federal jurisdiction — Court not consisting of police magistrate — Matter involving interpretation of Constitution — Information — Offence against State Act — Commonwealth officer — The Constitution (63 & 64 Vict., c. 12), ss. 71, 73, 76, 77 — Judiciary Act 1903-1915 (No. 69 of 1903, No. 47 of 1915), ss. 30, 38, 38A, 39 — Justices Act 1915 (No. 2675), s. 63 — Motor-car Act 1915 (No. 2702), s. 10.

Appeal — Practice — Leave to appeal to Privy Council — Order in Council, 23rd January 1911, rules 2 (a) and 2 (b) — "Question . . . respecting property. . . of the value of 500l." — Discretionary leave — Question of great general or public importance.

Criminal law — Larceny by a trick — False pretences — Distinction — Accused falsely representing that he was proprietor of circus — Pretended engagement of informant to act as advance agent — Payment by informant of sum of money to accused as security to carry out employment — Informant not intending to part with property in money — Finding of jury — Conviction of larceny by a trick.

Appeal — Disallowance — Sentence — Application that time already served be deemed part of sentence — Arguable case — One of the circumstances only to be considered by Court — Practice — Refusal of application. Crimes Act (1915), No. 2637, s. 605 (3).

Appeal — Plaintiff injured by piece of wood flying from machine when entering defendant's premises — Defendant alleged to be liable because of breach of duty owed to invitee or alternatively because of breach of Factories and Shops Act 1928 (No. 3677), sec. 59 — Trial conducted accordingly and questions put to jury — Application by counsel for plaintiff after Judge's summing up for re-direction on question of res ipsa loquitur — Application refused because of course of trial and evidence adduced by plaintiff — Circumstances in which new trial may be granted ex gratia.

Negligence — Liability to invitee — Res ipsa loquitur — Breach of statutory duty — Factories and Shops Act 1928 (No. 3677), sec. 59.

Negligence - Lord Campbell's Act - Contributory negligence - Damages reduced - In same proportion as in action for personal injuries and damage to property - Wrongs Act 1928 (No. 3807), PtIII; Wrongs (Contributory Negligence) Act 1951 (No. 5594), s3.

Appeal - Practice - Point not taken below - Costs - Rules of the Supreme Court, O.LVIII, r4, r6.

Appeal - Housing Commission - Direction to demolish house - Appeal to petty sessions - Decision to be "final and conclusive" - No appeal by way of order to review to Supreme Court - Housing Act 1958 (No. 6275), s56(6)(b) - Justices Act 1958 (No. 6282), s155.

Appeal - Bailment - Contract for cool storage of peas - Damages for deterioration in peas - Negligence - Onus of proof - Comparison with onus in res ipsa loquitur cases - Onus of proof of negligence in contracts for work and labour collateral to bailments.

Appeal - New trial - Discretion of trial judge to order new trial - Appeal from trial judge's discretion - Verdict of jury against the weight of evidence - New trial ordered without jury - County Court Act 1958 (No. 6230), s67, s73(3).

Appeal - County court - Notice to be given within 14 days - Calculation of 14 days - Notice out of time - County court judge no power to extend time - "Within" - County Court Act 1958 (No. 6230), s74(2)(a).

Appeal - Payment of judgment debt prior to appeal on understanding that it will not be refunded if appeal succeeds - No monetary contest between the parties.

Appeal - Use to be made of actuarial tables showing present values of future weekly payments - Tables may be handed to jury when future loss of earnings involved in appropriate cases - Limitations upon use of such tables and proper directions to be given to jury discussed - No ground of misdirection in notice of appeal in regard to use made of table by trial judge.

Appeal - Misdirection - Negligence - Employee's common law action for damages - Workers compensation as alternative remedy - Irrelevant to mention alternative remedy.

Appeal - Verdict regularly obtained - Fresh evidence available - Availability and character of evidence - Reason for non-production at trial - Likelihood that opposite result would have been obtained - Lack of diligence in procuring evidence for trial.

Appeal - New trial - Jury's assessment of damages - Inadequacy - Discretion of Full Court to order a new trial - Limited to damages - Imposing conditions - Apportionment - Wrongs Act 1958 (No. 6420), s26.

Appeal - Miscarriage of justice - Evidence - Tender of regulation - Regulation amended and partially repealed at relevant time - Unamended regulation tendered - New trial - Discretion of Full Court - Amendment - Notice of appeal - Additional ground of appeal - Leave to amend refused where additional ground would fail.

Appeal - Statutory negligence - Intersection - Obligation to "give way" to approaching vehicle - Failure to give way - Negligence - Road traffic regulation - Subjective element - Misdirection of law - New trial ordered where the jury may have been influenced by the misdirection - Road Traffic Regulations 1962, reg601, reg603(2)(a).

Criminal law - Shopbreaking - Tape recording of interview played to jury - Prejudicial material as to one accused - No objection by that accused - Sufficient evidence against that accused - Appeal - Crimes Act 1958 (No.6231), s568(1).

Appeal - Principles - Whether substantial irregularity in trial - Whether excessive interference by trial judge.

Sentence - Whether excessive - Minimum term to be disregarded when deciding.

Damages - Personal injuries - Future economic loss - Jury's assessment - Appeal - Whether verdict excessive.

Appeal - Practice - Appeal as to negligence and damages - Appeal successful as to damages - Whether new trial on all issues - Power to order new trial - Power to impose conditions - Guidance to jury on damages.

Appeal - Verdict of jury - Finding of no negligence - Verdict against party bearing onus of proof - Verdict not against weight of evidence - Principles applicable.

Appeal - New trial - Discovery of fresh evidence - Fresh evidence tending to prove fraud or subordination of witness - Evidence that testimony at trial of witness for plaintiff was perjury - Relevance of complicity in fraud of party successful at trial - Defendant and advisers reasonably diligent at trial - Evidence apparently credible - Likelihood that jury would have been influenced to return opposite result - Appeal allowed.

Contempt of court - Power of Court to make ex parte order for committal or attachment - Power of judge sitting in chambers to grant leave to issue writ of attachment - Motion for discharge of order giving leave to issue writ of attachment refused - Appeal to Full Court - Jurisdiction to set aside ex parte order considered - Order not a nullity and no right to have it set aside as of course - No power in single judge to exercise appellate jurisdiction in respect of another judge - Whether imprisonment under writ a "cruel and unusual punishment" and contrary to the Bill of Rights - Right to proceed by civil action instead of criminal information - Summary Offences Act 1966 (No. 7405), s9(1)(d) - Supreme Court Act 1958 (No. 6387), s43 - Rules of the Supreme Court, O.44, r2; O.52 r3, r4; O.55, r1(17); O.70.

Appeal - Contempt of court - Leave to issue writ of attachment - Refusal by another judge to set aside writ of attachment - Appeal to Full Court against refusal - Whether appeal lay because contempt was of criminal nature - Contempt committed in course of civil action - Appeal open to Full Court in "civil or mixed matters" - Supreme Court Act 1958 (No. 6387), s42.

Appeal - Case stated - "Facts" - Criminal law - Theft - Case stated from County Court to Supreme Court - Whether case may be stated where appeal against sentence only - Exercise of sentencing discretion by County Court - Exercise of discretion by Supreme Court - Magistrates' Courts Act 1971 (No. 8184), s85.

Damages - Negligence - Mitigation of loss - Personal injuries - Refusal of plaintiff to undergo surgical treatment - Onus of proof that refusal to have an operation unreasonable - Whether test of reasonableness objective or subjective - Whether test requires consideration of matters personal to the plaintiff - Whether appeal court bound by trial Judge's findings of fact.

Practice and procedure - Notice given of appeal on question of damages - Costs taxed and judgment paid - Whether appeal precluded by "approbation and reprobation", "election" or estoppel.

Appeal - Whether appeal court bound by trial Judge's findings of fact - Rules of Supreme Court, O.58, r4.

Practice and procedure - Action for damages for personal injuries - Particulars of loss of earning capacity - Action conducted on basis of particulars - Verdict in excess of particulars - Whether verdict sustainable - Rules of the Supreme Court, O 19, r5A.

Appeal - Action for damages for personal injuries - Particulars of loss of earning capacity - Action conducted on basis of particulars - Verdict in excess of particulars - Appeal against quantum of damages - Whether verdict sustainable - Whether appellant limited to particulars - Rules of the Supreme Court, O 19, r5A - Supreme Court Act 1958 (No 6387), s19A.

Appeal - Appeal from County Court to Supreme Court - Appeal from decision of County Court given on appeal from Crimes Compensation Tribunal - Jurisdiction of Supreme Court to entertain appeal - "Action" - "Matter" - County Court Act 1958 (No. 6230), s3, s74 - Magistrates' Courts Act 1971 (No. 8184), PtIX - Criminal Injuries Compensation Act 1972 (No. 8359), s13.

Appeal - Privy Council - Appeal from Full Court - Appeal as of right - Leave to appeal - Petition for winding up - Whether subject matter exceeded 1000 pds or 500 pds - Supreme Court Act 1958 (No. 6387), s218 - Order in Council of 23 January 1911 (UK).

Appeal - Appeal from County Court to Supreme Court - Freedom of information - Appeal from judgment of County Court on appeal from principal officer of agency - "Matter" - County Court Act 1958 (No. 6230), s3, s74 - Freedom of Information Act 1982 (No. 9859), s50.

Damages - Assessment - Fatal accident - Action pursuant to PtIII of Wrongs Act 1958 - Pecuniary loss to widow and children - Date at which damages to be assessed - Effect of assessment at wrong date - Matters to be taken into account - Wrongs Act 1958 (No. 6420), PtIII, s17.

Interest - Award of damages - Fatal accident claim - Amount on which interest awarded - Supreme Court Act 1958 (No. 6387), s79A.

Appeal - Unsuccessful party seeking to argue question of law not originally argued - Party bound by conduct of case below.

Appeal - From Master of County Court - Special leave - Considerations relevant for grant of leave - Rules of the Supreme Court, r5803.

Limitation of actions - Application for extension of time - Personal injury - Applicant unaware of right to commence proceedings - Delay in making application once rights known - Limitation of Actions Act 1958 (No. 6295), s23A.

Contract - Credit - Regulated loan contract - Credit provider - Failure to obtain licence - Application by credit provider for order that debtor's liability should be increased - Finding that failure ought reasonably to be excused as to part of period during which provider unlicensed - Powers of Small Claims Tribunal - Credit Act 1984 (No. 10097), s85(2)(a).

Appeal - Competence Small Claims Tribunal - Tribunal making orders in respect of many regulated loan contracts - Contracts involving amounts of less than $3000 but in aggregate involving $650,000 - Whether appeal competent - Credit (Administration) Act 1984 (No. 10091), s82 - Credit Act 1984 (No. 10097), s85, s86.

Appeal - Sufficiency of materials before appellate court - Duty of appellant - Consequence of failure of appellant to place sufficient evidence before court to support appeal.

Courts - Court from which appeal lies - Duty upon judge or magistrate adequately to record evidence.

Appeal - Appeal by successful party - Regular judgment - Application by successful party to set aside judgment - Powers of court - When exercised - Injustice to successful party.

Conversion - Cheque - Measure of damages - Subsequent payments to drawer - Whether payments should be taken into account to reduce damages.

Appeal - Arguments not advanced in court below - Whether appellate court should allow new contentions for conclusions of fact to be advanced.

Negligence - Contributory negligence - Whether contributory negligence involves breach of duty - Damages - Assessment - Apportionment of responsibility - Unreasonable verdict - Improper compromise by jury - Reduction of damages by amount of compensation paid - Accident Compensation Act 1985 (No. 10191), s135(4A).

Appeal - Misdirection - Consequences of misdirection - Risk of wrong verdict - Whether new trial to be ordered - Significance of failure of counsel to object.

Legal practitioners - Solicitor - Practising certificate - Cancellation by Law Institute - Appeal to Supreme Court - Finality of judge's decision - Legal Profession Practice Act 1958 (No. 6291), s87.

Appeal - Appeal to Full Court - Decision of first instance court final and conclusive - Whether express words excluding appeal - Supreme Court Act 1986 (No. 110), s10(2) - Legal Profession Practice Act 1958 (No. 6291), s87(4).

Companies - Powers - Assumptions of person dealing with company - Actual knowledge that assumption not correct - Effect of knowledge - Memorandum and articles of association - Assumption that memorandum and articles complied with - "Duomatic rule" - Seal - Affixing - Attesting signatures - Assumption of due sealing - Directors - Secretary - Holding out by company - Powers of directors - Authority - Directors' meetings - Resolution - Evidence - Minutes - Companies (Victoria) Code, s68, s68A - Property Law Act 1958 (No. 6344), s74.

Contract - Bill facility - Loan - Sham - Illegality - Back dating of documents - Stamp duty evasion - Attempt to mislead creditors - Companies (Victoria) Code, s230.

Indemnity - Whether "guarantee" or "security" - Companies (Victoria) Code, s230.

Practice and procedure - Pleading - Failure to plead allegation - Failure to lead evidence in accordance with pleading.

Appeal - Argument abandoned at trial - No findings of fact by trial judge.

Evidence - Certificate - Conclusive proof - Manifest error.

Accident compensation - Disease due to nature of any employment - "Employment" - What is encompassed in employment - Classification of worker's employment - Whether employment may be defined in terms of increased risk - Accident Compensation Act 1985 (No 10191), s86.

Appeal - Appeal on question of law - Whether question of law identified in appeal - Accident Compensation Act 1985 (No. 10191), s61.

Appeal - Full Court - Leave to appeal - Decision on issues of liability - No order pronounced - Whether a "determination" - Whether final or interlocutory - Supreme Court Act 1986 (No 110), s10, and s14(4)(b).

Local Government - Council - Powers - Contract - Whether contract an unlawful fetter on exercise of council's power - Withdrawal of development proposal - Local Government Act 1958 (No 6299), s811G, s811H, and s811J.

Contract - Best endeavours clause - Breach - Repudiation - Damages.

Negligence - Duty of care - Statutory duty - Whether breach of statute could constitute breach of common law dub of care - Dangerous article - Airgun left with unsupervised boys - Causation - Novus actus interveniens - Damages - Whether excessive - Firearms Act 1958 (No 6251), s29(2).

Appeal - Procedure - Proposed amendments to grounds of appeal - Alleged misdirections to jury - Transcript of judge's charge deficient.

Appeal - Administrative Tribunals - Equal Opportunity Board - Appeal to Supreme Court - Procedure - Leave to appeal out of time - Exceptional circumstances - Appeal from master - Equal Opportunity Act 1984 (No. 10095), s49(4) - Magistrates' Court Act 1989 (No. 51), s109 - Supreme Court Rules, O.58, Pt3, r77.05.

Consumer credit - Regulated loan contract - Statement of amount financed - Inclusion of valuation fee in amount financed - Whether a contravention of s16(1)(b) of the Credit Act 1984 - Failure to disclose commission charge - Debtor not liable to pay credit charge - Application by credit provider for reinstatement of credit charge - Credit Act 1984 (No 10097), s36(1), s42(1), s75, s85, s86, Sch 4 - Credit Regulations 1984 (No 449), Reg27.

Appeal - Appeal from discretionary decision of Credit Tribunal - Whether rehearing de novo - Whether to Full Court or to single judge - Credit (Administration) Act 1984 (No 10091), s85J - County Court Act 1958 (No 6230) - Supreme Court Rules, R58.01(2), R64.15(2).

Precedents - Stare decisis - Circumstances in which Full Court may depart from earlier Full Court decision.

Appeal - Procedure - Abandonment - Order that appeal not be taken to be abandoned - Discretion - Stay of execution - Security for costs - Trustee company - Supreme Court Rules Ch 1, R64.12, R64.17(2), and R64.18.

Practice and procedure - Trial - Jury - Power of trial judge to discharge jury and continue trial - Discretion - Supreme Court Rules - R1.14, R47.02.

Appeal - Finding of fact by trial judge - Circumstances in which finding can be disturbed on appeal.

Damages - Assessment - Personal injury - Home care services voluntarily provided to plaintiff - Whether assessment on gross or after-tax basis - Lost earning capacity - Pre-accident marriage prospects - Transport Accident Act 1986 (No. 111) - s172, s173, s174, s175.

Appeal - Criminal law - Sentence by County Court for breach of community-based order - Whether right of appeal against sentence to Supreme Court - Crimes Act 1958 (No 6231) s567, s568(4) - Sentencing Act 1991 (No 49) s47, s105, s117(2) - Magistrates' Court Act 1989 (No 51) s83, s85, s86, s91.

Appeal - Appeal from determination of Land Valuation Board of Review - Appeal on question of law - Findings and inferences of fact - "Self-denying principle" - Land Acquisition and Compensation Act 1986 (No 121) s102(3).

Resumption and acquisition of land - Compulsory acquisition - Compensation - Market value - Value of residual land before and after acquisition - Solatium - Valuation expenses - Costs - Land Acquisition and Compensation Act 1986 (No 121) s41, s44, s90(1), s91, s95, s102(3).

Appeal - Appeal on point not raised below - Discretion to allow argument on new point - Appeal from summary judgment - Extension of time to bring appeal granted - New point based on evidence received below.

Set-off - Equitable set-off - Guarantee - Exemption clause in guarantee - Principal debtor's damages claim against lender - Whether guarantors can set-off damages claim against guarantee liability - Lender replaced as trustee - Arguable defence.

Appeal - Costs - Criminal trial - New trial ordered after conviction quashed - Proceedings discontinued - Whether accused entitled to costs indemnity - Extent of indemnity - Whether indemnity for costs of first trial - Whether indemnity limited to costs of first trial thrown away - Appeal Costs Act 1964 (No 7117) s18(1).

Statutes - Interpretation - Legislative intention - Purposive approach - Use of extrinsic materials - Interpretation of Legislation Act 1984 (No 10096) s35.

Negligence - Duty of care - Foreseeability - Proximity - Causation - Employer's duty to provide proper system of work - Employee injured by intruder in carpark - Carpark left unlocked.

Appeal - Costs - Indemnity certificate - Appeal allowed on ground that jury's award of damages was excessive - Whether question of fact - Whether respondent entitled to costs indemnity - Appeal Costs Act 1964 (No. 7117) s. 13.

Injunction - Interlocutory - Town and country planning - Local government - Council seeking to enforce planning scheme - Telecommunications carrier installing cables - Reliance on overriding Commonwealth legislation - Validity of legislation - Compliance by carrier with National Telecommunications Code - Undertaking as to damages - Whether public authority seeking to enforce law exempted from undertaking - Telecommunications Act 1991 (Cth) ss. 116 118 - Telecommunications (Exempt Activities) Regulations (Cth) - Local Government Act 1989 (No. 11) ss. 6 7 8 Sch. 1 - Planning and Environment Act 1987 (No. 45) s. 14 - Acts Interpretation Act 1901 (Cth) s. 46(2).

Appeal - Leave - Interlocutory injunction - Variation - Whether leave required to appeal from grant or refusal of variation of interlocutory injunction - Supreme Court Act 1986 (No. 110) s. 17A(4)(b)(ii).

Contract - Contract of employment - Implied term - Negligence - Employer's duty not to expose servant to unnecessary risk of injury - Whether contractual duty co-extensive with tortious duty - Crown Proceedings Act 1958 (No. 6232) s. 23(1)(b).

Appeal - Notice of appeal - Amendment - Adding point not decided below - Point not abandoned - Whether departure from common basis of trial - Prejudice to respondent.

Banks and banking - Cheque - Undated - Authority to fill up cheque - Statutory presumption that person in possession of cheque has authority - Whether presumption displaced - Whether cheque filled up within a reasonable time - Holder in due course - Whether person coming into possession of cheque has title to sue on it - Cheques Act 1986 (Cth) ss. 18 49.

Appeal - Appeal from Magistrates' Court - Question of law - New point not argued below - Not raised in questions for appeal - Magistrates' Court Act 1989 (No. 51) s. 109.

Contract - Construction - Implied term - Best endeavours - Sale of land - Subdivision - Sale conditional on registration of plan of subdivision by agreed date - Express term requiring vendor to use best endeavours to procure registration of plan by agreed date - Whether implied term requiring vendor to procure registration after agreed date - Rescission - Whether vendor entitled to rescind if in breach of implied term.

Practice and procedure - Pleadings - Statement of claim - Amendment - Late - Amendment at judge's suggestion in final addresses - Whether leave to amend granted within power under Rules - Whether discretion miscarried - Supreme Court Rules Ch. I r. 36.01(1).

Appeal - Leave to appeal - Costs - Appeal against costs order below - Whether leave required - Legal practitioners - Solicitors - Order for costs against solicitors because of negligence - Meaning of "negligence" - Supreme Court Act 1986 (No. 110) s. 17A(1)(b) - Supreme Court Rules Ch. I r. 63.23.

Appeal - Competence - Victorian Civil and Administrative Tribunal - Appeal to Trial Division of Supreme Court with leave - Leave refused by Trial Division - Whether right of appeal exists to Court of Appeal from refusal of leave by Trial Division - Victorian Civil and Administrative Tribunal Act 1998 (No. 53) s. 148(1) - Supreme Court Act 1986 (No. 110) s. 17(2).

Administrative law - Freedom of information - Exempt document - Exemption based on secrecy provision in another statute - Public interest override - Whether applicable - Meaning of "requires" - Freedom of Information Act 1982 (No. 9859) ss. 3 20 30 38 50(4) 55 - Casino Control Act 1991 (No. 47) s. 151.

Appeal - Appeal from Victorian Civil and Administrative Tribunal - Leave to appeal - Guidelines for granting of leave - Victorian Civil and Administrative Tribunal Act 1998 (No. 53) s. 148(1).

Appeal - County Court - Magistrates' Court - Intervention order - Order by County Court dismissing appeal from order of Magistrates' Court - Whether appeal lies to Court of Appeal from County Court order - County Court Act 1958 (No 6230) s 74(1) - Crimes (Family Violence) Act 1987 (No 19) ss 20 21(4) - Magistrates' Court Act 1989 (No 8184) s 86(2).

Appeal - Criminal procedure - Jurisdiction of Court of Appeal - Limited suppression orders made by judges of Trial Division - Jurisdiction of Court of Appeal to entertain applications for leave by Chief Commissioner of Police (Vic) - Criminal law - Suppression orders banning publication of police evidence relating to techniques employed to obtain confessions - Power of court to make unlimited orders consistently with open justice - Supreme Court Act 1986 (No 110) ss 17(1) 17(2) 17A(3) 18 19

Companies - Securities industry - Licensed dealers and advisers - Investors' remedies - Defective investment advice - Claims for damages - Statutory liability of indemnifying principal for representative - Representative's conduct engaged in for one of several principals - Investor's belief that representative acting on behalf of assumed principal whether or not identified or identifiable - Statutory presumption that conduct engaged in as representative of some person among indemnifying principals - Whether third party a "party" to a proceeding - Corporations Law ss 819 820 - Supreme Court Act 1986 (No 110) s 3

Appeal - Parties - Joinder - Whether non-party at trial might be joined or treated as defendant on appeal - Amendment - Defence and notice of appeal - Points not raised below.

Practice and procedure - Case management - Parties - Joinder - Defendants removed as parties - Leave to institute separate proceeding against those defendants - Two proceedings heard together - Defendant choosing not to join party - Inability of defendant to rely on statutory defence - Whether justice required removed defendants to be treated as if they were defendants to first proceeding.

Building contracts - Domestic building works - Disputes - Legislative prohibition on reference of disputes to arbitration - Future and existing disputes - Voluntary ad hoc reference of existing dispute to building consultant for binding determination - Parties not prohibited from adopting alternative dispute resolution - Domestic Building Contracts Act 1995 (No 91) ss 1 57 132

Appeal - Court of Appeal - Practice and procedure - Outline of submissions - Procedure to be followed by party when detailed written argument required because of complexity or other reason - Practice Statement CA1 of 1995.

Tort - Negligence - Personal injury - Breach of duty - Risk calculus - Causation - Schoolyard accident - Student attempting to lift heavy drainage grille - Claim based on failure to supervise students failing - Claim based on failure to warn of hazard succeeding - Reasonableness of school's response to foreseeable hazard - Causation - Efficacy of proposed warning not considered.

Appeal - Magistrates' Court - Appeal to Supreme Court on question of law - Challenge to factual determinations - Common law negligence - Failure to consider relevant matters - No evidence ground - Test - Case remitted for further hearing - "Question of law" - Magistrates' Court Act 1989 (No 51) s 109

Evidence - Standard of proof - Burden of proof - Civil proceeding - Damages - Sexual assault - Claim by patient against psychiatrist - Gravity of allegations - Strength of evidence - Clear and cogent proof required - Defendant's denials - Credibility of parties - Whether open to trial judge to find plaintiff had discharged burden.

Evidence - Admissibility - Recent invention - Prior consistent statement - Permissible use - Statement used to re-establish the party's credit.

Appeal - Evidence - Witness - Credit - When trial judge's conclusions as to credit may be overturned.

Criminal law - Confiscation of property - Restraining order - Automatic forfeiture - Application for exclusion - DPP contending application out of time - Whether application made within 60 days of conviction - When conviction occurs - Arraignment, plea of guilty, allocutus - Plea taken at listing hearing - Matter adjourned for plea and sentence - Whether unequivocal acceptance of plea - "Conviction" - Confiscation Act 1997 (No 108) ss 4 22 35.

Appeal - Appeal to Court of Appeal - Final decision - Leave not required - Refusal to grant prerogative writ.

Equity - Estoppel - Promissory estoppel - Detriment - Reliance - Discretionary trust - Family dispute - Failure to make good promise unsupported by consideration not per se detriment.

Practice and procedure - Parties - Substitution - Appeal - Death of respondent before appeal heard - Deceased party's will not yet proved - Allegations against deceased party that will affected by estoppel or constructive trust - Validity of will and title of executor not affected by possible finding of estoppel or constructive trust - Executor substituted as party - Supreme Court (General Civil Procedure) Rules 2005 rr 9.09 16.03.

Appeal - Attack on trial judge's factual findings - Witnesses - Credit - Family dispute - Evidence about family finances and inheritance - Alleged promissory representations - Passage of time - Advantages of trial judge - Inherent limitations of appellate court - No basis established for disturbing findings.

Costs - Costs of and incidental to proceeding - Supreme Court Act 1986 (No 110) s 24.

Appeal - Leave to appeal - Arguable error below - No substantial injustice - Leave refused.

Human rights - Charter of Human Rights and Responsibilities - Civil proceeding - Fair and public hearing - Party in civil litigation awaiting trial on criminal charges - Common substratum of facts - Privilege against self-incrimination - Referral of Charter question to Supreme Court - Criteria - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 4 6 24 25 32 33 38.

Practice and procedure - Stay of civil proceeding - Potential criminal charges arising out of common substratum of facts - Discretion - McMahon guidelines.

Administrative law - Judicial review - Procedural fairness - Hearing rule - Applicability - Variable content - Preliminary decision part of broader process - Victorian Civil and Administrative Tribunal - Parties - Joinder - Permissible without notice - Tribunal practice note - Discretionary departure - Reasons - "Interim order" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 60(1) 117.

Appeal - Leave to appeal - Appeal from Trial Division order refusing leave to appeal - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148 - Supreme Court Act 1986 (No 110) s 17A(4)(b).

Appeal - Leave to appeal - Company - Winding-up order - Contributory - Appeal from dismissal of application to terminate or stay order permanently - Defective service of statutory demand - Winding-up order made on notice but in absence of defendant company - Importance of public reliance on company's registered office - Discretionary order - House v R test - Criteria - Solvency - Commercial morality - Public interest - Corporations Act 2001 (Cth) ss 109X 482

Contract - Construction - Implied term - Dispute resolution clause providing for third party to appoint independent expert to resolve dispute - Contract silent as to terms of appointment - Whether terms proffered by expert reasonable - Whether parties to contract bound to accept appointment - Whether parties obliged to execute agreement with independent expert - Implied obligation to co-operate - Further assurance clause - "Appoint".

Appeal - Leave to appeal - Appeal against order granting injunction - Leave unnecessary - Supreme Court Act 1986 (No 110) ss 17(2) 17A(4)

Practice and procedure - Parties - Companies - Requirement to be represented by a solicitor - Stay of proceedings where corporation unrepresented - Exception for contrary statutory provision - Statutory scheme for derivative actions on behalf of companies - Whether scheme relevantly abrogated court rules - General power to depart from rules - Criteria - Supreme Court (General Civil Procedure) Rules 2005 Ch I rr 1.17(1) 2.04 - Corporations Act 2001 (Cth) ss 236 237.

Appeal - Leave to appeal - Order staying proceeding until corporation represented by solicitor - Whether interlocutory or final.

Appeal - Leave to appeal - Substantial injustice test - Mere risk of substantial injustice insufficient.

Practice and procedure - Discovery - Inspection of documents - Client legal privilege - Mention of legal advice supporting other party's stance - Waiver - Substance of advice not disclosed - Evidence Act 2008 (No 47) s 122(3)

Tort - Intentional torts - Assault - Defences - Statutory authority - Self-defence - Defence of others - Police - Fingerprints obtained forcibly - Statutory authority to use reasonable force - Proportionality - Reasonable belief - Crimes Act 1958 (No 6231) s 464K(7).

Police - Powers - Fingerprinting - Arrested person - Rights - Refusal to give fingerprints voluntarily - Fingerprints obtained forcibly - Disclosure obligations of police - Crimes Act 1958 (No 6231) s 464K(2).

Appeal - Facts - Findings at trial - Power of appellate court to set aside findings - Credit-based findings - Judges not to be constrained where evidence demands contrary findings.

Damages - Assessment - Assaults - Physical injuries - Psychiatric sequelae - Aggravated damages - Apportionment - "Intentional act that is done with intent to cause death or injury" - Wrongs Act 1958 (No 6420) ss 28LC 28LE - Police Regulation Act 1958 (No 6338) s 123.

Resumption and acquisition of land - Compensation - Entitlement - Pecuniary loss - Disturbance - Opportunity costs - Costs associated with purchase of replacement properties - Loss of use of money - Delayed statutory compensation offer - Statutory interpretation - Ordinary English language usage - "Natural, direct and reasonable consequence" - Land Acquisition and Compensation Act 1986 (No 121) ss 31 40 41.

Appeal - Victorian and Civil Administrative Tribunal - Appeal on question of law - Whether findings open - Whether failure to have regard to relevant considerations - Victorian and Civil Administrative Tribunal Act 1998 (No 53) s 148.

Appeal - Leave to appeal - County Court - Judgment - Default of appearance - Judgment set aside on second application - Abuse of process - Principles - Interests of justice - "Final and conclusive" - County Court Act 1958 (No 6230) s 73(1).

Building contracts - Principals and sub-contractors - Security of payment - Progress payment claims - Statutory claim procedure - Party other than sub-contractor party carrying out works - Contracting party permitted to serve and enforce claim - Building and Construction Industry Security of Payment Act 2002 (No 15) s 14(1)

Appeal - Competence - Summary judgment - Building contract - Judgment obtained by sub-contractor - Leave to appeal required - Building and Construction Industry Security of Payment Act 2002 (No 15) s 14(1) - County Court Act 1958 (No 6230) s 74(2D)

Costs - Discretion - Special costs order - Appeal - Purported appeal discontinued - Appeal lacking merit - Leave to appeal would not have been granted - Order for indemnity costs - Supreme Court (General Civil Procedure) Rules 2005.

Restitution - Unjust enrichment - Purchase of business and land - Common vendor - Separate purchasers - Related companies - Payment in excess of purchase price of business - Claim for recovery of alleged benefit - Existing legal relationships between parties - Money paid at party's request - Benefit received irrelevant to simple money paid count.

Appeal - Claim pleaded and trial conducted on false premise - New material emerging during hearing of appeal - Appeal allowed - No assurance that complete picture of relevant transactions between parties provided on appeal - Proceeding remitted to trial court for determination.

Companies - Winding up - Insolvency - Set-off - Guarantee in personal capacity and as trustee of unit trust - Novation as trustee of discretionary trust - "Mutual dealings" - Corporations Act 2001 (Cth) s 553C.

Equity - Lien - Implied - Requirements - Sufficiency of evidence.

Appeal - Leave to appeal - Application - Competence - Supporting affidavit - Failure to exhibit proposed notice of appeal - Effect of non-compliance with rules - Irregularity - Court rule specifically providing for correction of non-compliance - General discretion to dispense with compliance - Affidavit accounting for absence of exhibit - Supreme Court (General Civil Procedure) Rules 2005 rr 2.01 2.04 65.07 - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148.

Contract - Manufacture and installation of fence - Payment of deposit - Purchaser failing to complete - Seller rescinding contract and retaining deposit - Purchaser's action for return of deposit - Seller's forfeiture rights not limited to sales of real property - No claim made for relief against forfeiture.

Appeal - Appeal from Magistrates' Court - Whether question of law - Whether competent to raise issue not raised below - Magistrates' Court Act 1989 (No 51) s 109

Appeal - Leave - Test - Directions hearing - Trial of action scheduled to commence two days later - Comments by judge concerning issues and possible outcomes - Refusal of disqualification application - No lower leave threshold applicable to apprehended bias disputes.

Courts and judges - Alleged apprehended bias - Test - Hypothetical fair-minded observer - Attributes - Awareness of modern case management considerations - Civil Procedure Act 2010 (No 47) s 7 8 23 47 48

Practice and procedure - Abuse of process - Categories not closed - Multiple proceedings - Re-litigation of matters determined in previous proceeding - Whether issues raised in new proceeding substantially the same as those determined in earlier proceeding - Plaintiff not party to earlier proceeding - Plaintiff sufficiently connected through control of corporate party in earlier proceeding - Open to the plaintiff to advance complaint in earlier proceeding - Availability of joinder application - Supreme Court (General Civil Procedure) Rules 2005 r 23.01(1)(c)

Appeal - Whether leave to appeal required - Permanent stay of proceedings - Whether interlocutory or final - Reality - Final disposition of parties' rights.

Appeal - Leave - Interlocutory points of practice - Appeals not to be encouraged - Managed proceeding.

Practice and procedure - Group proceeding - Small, closed class of plaintiffs - Particulars and discovery by group members - Common questions of liability - Disclosure concerning quantum of group members' claims - Supreme Court Act 1986 (No 110) s 33ZF - Civil Procedure Act 2010 (No 41) s 9.

Practice and procedure - Mediation - Promotion of rational settlements - Propriety of discovery to facilitate mediation.

Accident compensation - Workers compensation - Entitlement - One claim only per compensable event - Physical injuries - Permanent disability - Claim for lump sum compensation - Later claim for psychiatric injury arising from same event - First claim vitiated by claimant's mental incapacity - Appellant incapable of recognising own psychiatric impairment - Second claim not barred - Accident Compensation Act 1985 (No 10191) ss 45 98C 104B(5A) 104B(5AA)

Appeal - Question of law - Whether open to challenge primary decision as not open on evidence - Whether open to contend that primary judge bound to reach different conclusion - "Raised during those proceedings" - Accident Compensation Act 1985 (No 10191) s 52(1)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Composition of tribunal - Local government - Exception for orders giving effect to settlement - "Necessary to give effect to" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 93 Sch 1, cl 46E(1)

Appeal - Leave to appeal - Substantial injustice where lack of jurisdiction below alleged - Public interest in ensuring that administrative tribunals act within jurisdiction.

Courts and judges - Magistrates' Court - Committal proceedings - Executive function - Stay application - Witness summons - Whether power to dismiss charges in interests of justice - Criminal Procedure Act 2009 (No 7) s 141(4) - Criminal Code Act 1995 (Cth) s 11.5(6)

Appeal - Whether application for leave to appeal required - Judicial review - Magistrates' Court - Committal proceedings - Order dismissing challenge to magistrate's decision refusing to set aside witness summons - Order below finally determining rights.

Appeal - Grounds - Case on appeal not raised below - Supreme Court supervisory jurisdiction - Need to ensure inferior court acted within its limited powers.

Contract - Restraint of trade - Employer and employee - Public policy - Legitimate interest - Criteria - Reasonableness of restraint - Severance.

Appeal - Principles constraining new points on appeal.

Contract - Collateral contract - Lease - Renewal - Tenants seeking a ten year term - Negotiations - Landlord only prepared to renew for five years - Expenditure by tenants on refurbishing leased premises - Representations that tenants "would be looked after at renewal time" - Expiry of lease - Landlord refusing grant of further lease - Whether collateral contract made - Whether inconsistent with lease.

Estoppel - Equitable estoppel - Lease - Renewal - Negotiations - Expenditure by tenants on refurbishing leased premises - Representations that tenants "would be looked after at renewal time" - Expenditure by tenants - Reliance on statements - Whether representation sufficiently certain to found estoppel - Representation susceptible of range of possible meanings - Reasonable for representees to understand it as extending at least to lower limit of range of meanings.

Appeal - Appeal from Victorian Civil and Administrative Tribunal - Question of law - Precise identification of question - Question of mixed fact and law - "Question of law" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148

Trust and trustees - Breach of trust - Third party liability - Creation of trust - Intention - Quistclose trust - Joint venture - Queensland resort development - Parties involved in earlier joint ventures - One joint venturer previously providing funds for general purposes of joint venture - Deposit of further money into bank account - Parties intending that part of further money be used to pay bond to electricity supplier - Whether depositor intending to retain beneficial interest in money - Money partly used for nominated purpose - Purpose achieved - Joint venture terminated - Subsequent use of balance of money for general purposes of same development - Whether intention that money be used for exclusive purpose - Quistclose trust not established.

Contract - Construction - Surrounding circumstances - Agreement to terminate joint venture - Parties previously involved in other joint ventures - Respondent previously providing funds for purposes of joint ventures generally - Agreement limiting respondent's "liability" to contribute to joint venture - Expenditure exceeding that which respondent "liable" to make not constituting breach of agreement.

Appeal - Issue not raised at trial - No prejudice by reason of issue being first raised on appeal - Issue determined on appeal.

Contract — Formation — Building owner and building surveyor — Statutory scheme for issue of building permits — Provision for permit application to be made by or on behalf of owner of building or of land — Building surveyor appointed by builder — Whether contract between owner and surveyor created or imputed by statute — Building Act 1993 (Vic) ss 17, 24, 70, 78 — Building Regulations 1994 (Vic) reg 2.6

Contract — Implied terms — Building contract — Contract between owner and building surveyor — Issue of building permits by building surveyor under Building Act 1993 — Whether implied obligation to inform owner that planning permit had expired

Negligence — Duty of care — Economic loss — Vulnerability — Building surveyor and owner — Delay in completion of commercial project — Loss of owner in the form of financial loss — Liability of building surveyor to owner

Limitation of actions — Building actions — Whether ‘long-stop’ or ‘absolute cap’ — Building Act 1993 (Vic) ss 129, 130, 134 — Limitation of Actions Act 1958 (Vic) ss 5, 33

Practice and procedure — Pleadings — Amendment — Whether amendment relates back to date of writ — Whether court had discretion to order that amendment operate from date of amendment — Rule in Weldon v Neal — Limitation of Actions Act 1958 (Vic) s 34 — Supreme Court (General Civil Procedure) Rules 2005 r 36.01(6)

Practice and procedure — Material tendered in Court but not referred to in evidence or submissions — Whether Court obliged to examine or consider

Appeal — Claim for breach of contract reformulated on appeal — Damages for breach — Whether order for remittal should be made — Reformulation a significant departure from case as pleaded and run — Fairness

Costs — Costs of trial — Solicitor/client costs — Calderbank offer rejected — Reasonableness — Further cause of action added during the trial — Whether added cause of action should be taken into account in assessing reasonableness of rejection of offer — Time at which reasonableness to be assessed

Corporations — Directors and officers — Company officer indemnified for legal costs and expenses — Whether indemnity arises before verdict or only at conclusion of proceedings — Effect of obligation to refund if officer found guilty — Whether indemnity for costs and expenses of criminal proceedings breaches statutory prohibition — Corporations Act 2001 (Cth) s 199A(3)

Appeal — Leave to appeal — `Real prospect of success' — Supreme Court Act 1986 (Vic) ss 14A, 14C

Administrative law — Coercive powers order for examination under Major Crime (Investigative Powers) Act 2004 — Non-publication direction made by delegate — Direction later rescinded — Instrument of delegation ‘in respect of’ coercive powers order — Whether delegation extended to revocation of non-publication direction — Interpretation of Legislation Act 1984 (Vic) s 41A — Major Crime (Investigative Powers) Act 2004 (Vic) ss 4, 43, 65(4)

Appeal — Judicial review — Application for extension of time to commence — Special circumstances — Factors — Strength of merits — Assessment by associate judge — Supreme Court (General Civil Procedure) Rules 2005 (Vic)ch I, r 56.02(3)

Appeal — Leave to appeal to Court of Appeal — Real prospects of success — Argument on appeal not raised below — Discretion to refuse leave — Supreme Court Act 1986 (Vic) s 14C

Appeal — Appeal from Victorian Civil and Administrative Tribunal — Application for leave to appeal on a question of law — Summary dismissal power — Whether summary dismissal available at conclusion of applicant’s case — Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 75, 148

Appeal — Criminal law — Appeal from Magistrates’ Court to County Court — Jurisdiction and powers of County Court — Alternative charges — Plaintiff convicted and sentenced by Magistrates’ Court on one charge — Alternative charge dismissed — Appeal against conviction and sentence — Nature of criminal appeal to County Court — Whether County Court on appeal has jurisdiction to convict on charge ‘dismissed’ in Magistrates’ Court — Whether County Court has power to correct an unintended error by Magistrate — Criminal Procedure Act 2009 (Vic) ss 3, 254, 256(2)(b), 256(2)(c) and 412 — Interpretation of Legislation Act 1984 (Vic) s 51(1)

Orders — Interlocutory order — Final order — Whether a charge dismissed other than on the merits is interlocutory or final

Administrative law — Admissibility of transcript of Magistrates’ Court proceeding to determine whether there was an error on the face of the record — Administrative Law Act 1978 (Vic) s 10 — Evidence Act 2008 (Vic) s 178(6)

Administrative law — Judicial review — Coroner — Inquests — Re-opening of coronial investigation — Inquest finding death from medical condition — Applicant alleging Coroner misinterpreted expert medical opinion obtained for purposes of investigation — Whether ‘unsustainability test’ to be satisfied for re-opening — ‘New facts and circumstances’ — Coroners Act 2008 (Vic) s 77(2), 77(3)(a), 77(3)(b)

Coroners — Coroner’s power to ‘comment on any matter connected with death’ — Alleged denial of natural justice or procedural fairness regarding Coroner’s comment — Whether ground for seeking to have coronial investigation re-opened — Coroners Act 2008 (Vic) ss 67(1), 67(3), 87

Coroners — Appeal — Relief on appeal — Whether relief limited to directing application of correct legal test — Whether power to order new coronial investigation — Coroners Act 2008 (Vic) ss 77, 84, 87(4), 87A

Appeal — Admission of further evidence on appeal — Document before original decision-maker — Document not adduced on appeal to primary judge — Self-represented litigant — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 64.13

Occupational Health and Safety — Duty of employer — Independent contractors — Whether duty of employer to ensure safety of ‘persons other than employees of the employer’ applied to employees of independent contractors of the employer — Overlap of offences — Occupational Health and Safety Act 2004 (Vic), s 21, s 23(1)

Appeal — Magistrates’ Court — Charge dismissed — Whether dismissal of charge a ‘final order’ — Whether appropriateness of charge a ground for dismissal — Whether respondent deprived of a defence by prosecution choice of charge — Whether abuse of process — Criminal Procedure Act 2009 (Vic), s 272

Administrative Law — Procedural fairness — Exclusion of procedural fairness — Compulsory acquisition of land — Decision to acquire unreserved private land — Steps in statutory process — Issue of notice of acquisition — Purchaser of land not given opportunity to be heard — Whether publication of notice of acquisition conditioned by obligation to accord procedural fairness — Exclusion of procedural fairness — Land Acquisition and Compensation Act 1986 (Vic), ss 5(3), 6, 7, 8, 19, 20

Planning and environment — Compulsory acquisition of land — Procedural fairness — Decision to acquire unreserved private land under statutory process — Issue of notice of acquisition — Purchaser of affected land not given opportunity to be heard — Whether publication of notice of acquisition conditioned by obligation to accord procedural fairness — Land Acquisition and Compensation Act 1986 (Vic), ss 5(1), 5(3), 6, 7, 8, 19, 22

Appeal — Civil — Practice and procedure — Application to allow appeal by consent — Duty of Court to be satisfied of appellable error

Practice and procedure — Necessary parties — Omission of registered proprietor from proceeding challenging compulsory acquisition of land — Effect on rights

Trusts and trustees — Superannuation — Self-managed superannuation fund — Death benefit — Dependant — Trustees resolved to pay death benefit to self — Whether trustees exercised discretion upon real and genuine consideration — Bad faith — Evidence from which trustee’s decision-making process to be deduced

Appeal — Practice and procedure — Application for leave to appeal — Determination not embodied in order — Order and reasons to be read together — Supreme Court Act 1986 (Vic), s 17(2)

Planning and environment — Planning scheme — Heritage overlay — Building permit — Planning permit — Accrued rights — Building permits issued prior to introduction of heritage overlay planning control — Whether building permits created accrued right — Lawfulness of development works without planning permit — Whether development works a ‘use’ — Stonnington Planning Scheme, cl 61.05 (now cl 72.06) — Interpretation of Legislation Act 1984 (Vic), s 28(2)(e) — Planning and Environment Act 1987 (Vic), s 6(3)(d)

Statutory interpretation — Amendment of subordinate instrument to extend heritage overlay over property while development works in progress — Whether absence of prior planning control constituted an accrued right — Whether development works a ‘use’ — Stonnington Planning Scheme, cl 61.05 (now cl 72.06) — Interpretation of Legislation Act 1984 (Vic), s 28(2)(e) — Planning and Environment Act 1987 (Vic), s 6(3)(d)

Appeal — Civil — Practice and procedure — Application for leave to appeal from a decision of judge of Trial Division to dismiss appeal on question of law — Application for leave to amend grounds to introduce an issue withdrawn before Tribunal

Words and Phrases — ‘development’, ‘right’, ‘use’, ‘work’, ‘works’

Limitation of actions — Negligence — Personal injury — Doctor and patient — Whether personal injury claim statute-barred — Point in time at which cause of action ‘discoverable’ — Whether patient had knowledge, or ought to have known, that injury was caused by ‘fault’ of doctor — Limitation of Actions Act 1958 (Vic), ss 27D, 27F

Limitation of actions — Extension of limitation period — Whether extension just and reasonable — Limitation of Actions Act 1958 (Vic), ss 27K, 27L

Appeal — Appeal from exercise of judicial discretion — Extension of limitation period — Standard of review on appeal — Whether subject to correctness standard

Words and phrases — ‘date of discoverability’ — ‘fault’